Woolman v. Garringer
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. The decree was entered in this action in March, 1871, by Waeeen, J. At the trial, Garringer excepted to the following instructions, which were given by the court : ‘£ The plaintiffs are not required to take notice of the intention of the defendants to carry or convey the waters of the said gulch beyond the point specified in the notice, unless such intention was indicated by such acts as would convey to a reasonable…
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Appeal from the Third District, Lewis and Clarice County. The decree was entered in this action in March, 1871, by Waeeen, J. At the trial, Garringer excepted to the following instructions, which were given by the court : ‘£ The plaintiffs are not required to take notice of the intention of the defendants to carry or convey the waters of the said gulch beyond the point specified in the notice, unless such intention was indicated by such acts as would convey to a reasonable person notice of such intention, or actual notice given to them, prior to acquiring any intermediate rights. “The record…
1Opinion of the CourtMurphy, J.
This is an appeal from the judgment-roll, in an action for damages, for the diversion of water, and for an injunction, united in the same complaint, tried to a jury, and judgment for damages and a perpetual injunction.
The jury returned a general verdict for $250 damages, in favor of the plaintiff, and, also, findings on the special issues submitted.
Thereupon, both parties filed motions — the plaintiffs for judgment and decree, and the defendants to set aside the general verdict, and for judgment upon the special findings.
Both motions were heard together, and the defendants’ overruled, and the…
2Cases cited3 opinions
- Davis v. GaleCalifornia Supreme Court · 1867
- Yankee Jim's Union Water Co. v. CraryCalifornia Supreme Court · 1864
- Maeris v. BicknellCalifornia Supreme Court · 1857
3Cited by17 opinions
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Smith v. DenniffMontana Supreme Court · 1900
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Bailey v. TintingerMontana Supreme Court · 1912
- Montana v. WyomingSupreme Court of the United States · 2011
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